Conditional order granted

Posted By: Daniela on 23/10/2022 at 22:29

Hi Suzy,
Could you please explain what you understand at points 3 and 6? Thank you.


Latest Comments 6

The solicitors letter looks a sensible approach and the application of a non-molestation/occupation order if your spouse continues to refuse to leave. If your spouse is cooperating, a consent order drawn up by a solicitor is more expensive than using the link I provided - but you may want to ensure the agreement of the pre-marital property is carefully documented in the agreement. But I would get agreement in advance of the lower price if you go that route. Clearly the fees to force a financial agreement are way beyond worthwhile for the assets involved and would be best pursued DIY at a later stage. Focus on getting your spouse to move out as suggested by the solicitor. If your spouse messes about with the coparenting after he’s moved out you might want sone legal help but be careful about legal fees - you may only need a letter but more likely you’d also be involving CafCass at that stage. You already have a parenting plan and diary set up. It would be less traumatic for everyone if he just stuck to that and court was avoided. When he’s moved out that should be easier.

14:33 25/10/2022
suzy Miller

Yes you can fill it in ready to go. Here it is: <a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953463/form-e-eng.pdf" target="_blank">https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953463/form-e-eng.pdf</a>

08:17 24/10/2022
suzy Miller

Thank you. Thanks for your advice. I will focus on getting him out and co-parenting first. Shall I still get my form E ready in the meantime, anyway?

23:12 23/10/2022
Daniela

Re. Finances - ideally you use divorce online link in the hub to save money but that only works if you spouse agrees. If he prefers to remain vulnerable to future financial claims from you, then that’s what he’s doing by not getting a consent order / clean break. You can use the court to force a financial order but be careful to do DIY as much as you can to keep the costs down. Once your STBX is legally divorced from you and living separately, he may see that an online consent order makes sense and is to his advantage, as if his financial situation dramatically improves you may have a claim on those assets. I would focus on getting him out and creating a good co-parenting rhythm, then maybe he’ll see sense and agree to the online consent order. He’d be daft not to.

23:02 23/10/2022
suzy Miller

Re. Emails - whatever you want to share.

22:49 23/10/2022
suzy Miller

6 is regarding children that are not yours - step kids for example. 3rd one is presumably why your STBX has no right to stay in the flat once you are divorced (if not before then) and he would need to apply for home rights to stay - but doesn’t the legal advice confirm that he is very unlikely to succeed if he does apply?

22:48 23/10/2022
suzy Miller
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